Real Property & Right of Way

Responsibilities: The Real Property and Right of Way Section manages the real property records related to public rights of way. Duties include maintaining files and indexes of public rights of way.  These include public road easements; public utility easements; drainage easements; vehicular access rights restrictions; slope easements; etc.  

The Section is responsible for the acquisition of right of way needed for capital improvement projects. As part of these duties, staff research and investigate title, prepare appraisals and deeds, and meet with the public. 

The Section serves as the custodian of the public rights of way and is responsible for the legal process in which public rights of way are eliminated, known as vacations.

Types of Rights of Way:  It is important to understand the nuances between the different types of rights of way:  Public – County maintained; Public – Not County maintained; Public – Irrevocably dedicated/Not Accepted; and Private.

Public – County maintained. Responsibility for these roads is with Humboldt County Public Works. The State Streets and Highways Code applies, as well as County Code Section 411. Encroachment permits are required for any work being done in the right of way.  In addition, County Code Section 341 applies to private property adjacent to these roads.

The Section is the custodian for these rights of way and maintains records on them. As the custodian, the Section is responsible for processing vacation requests. Issues of unauthorized encroachments should be reported to the Land Use Division at (707) 445-7205. Issues of violations of the California Vehicle Code should be reported to local law enforcement. Public Works does not have the authority to enforce the California Vehicle Code.

Public – Not County maintained. These rights of way may be developed with a road or not.  When there are no improvements, a right of way is often referred to as a “paper road”; meaning that the “road” only exists on paper and not on the ground. Public Works is the custodian of the right of way; meaning that the Section keeps track of them and is responsible for any requests for vacations.

However, any improvements to be done to these rights of way may require a grading permit, and/or other permits, issued through the County Planning & Building Department. 

Improvements within a public right of way that is not county maintained must be appropriate for a road right of way.  Water tanks, garages, fences, walls, sheds, etc… are not permitted as these infringe upon the public’s ability to use the right of way. The County has an obligation to ensure that the public’s right to use the right of way is not obstructed.

The Section is the custodian for these rights of way and maintains records on them. As the custodian, the Section is responsible for processing vacation requests.

Issues of unauthorized encroachments should be reported to the Code Enforcement Unit of the County Planning & Building Department at (707) 476-2429. Issues of violations of the California Vehicle Code should be reported to local law enforcement. Public Works does not have the authority to enforce the California Vehicle Code. 

Public – Irrevocably dedicated/Not accepted.  These “rights of way” do not technically exist as they have not yet been accepted by the County. An irrevocable offer to dedicate allows the County to accept the right of way at some point in the future when the right of way will be needed.  It is imperative that improvements inconsistent with future development of the right of way be prohibited.  Structures are prohibited.  Fencing, grazing, farming, etc are appropriate uses. Fencing is often needed by the landowner to prevent trespassing on their property until such time as the County accepts the right of way.  The fact that the right of way is irrevocably dedicated to the County allows the County to apply reasonable restrictions on what is done on the right of way so as not to interfere with the future use of the right of way.

The Section is the custodian for these rights of way and maintains records on them. As the custodian, the Section is responsible for processing vacation requests.

Private.  These rights of way belong to specific properties and provide the necessary legal access for a property to connect to a public right of way.  Any improvements to be done to these rights of way may require a grading permit, and/or other permits, issued through the County Planning & Building Department.  Infringement of the easement is a private matter between the easement holder and the person causing the infringement.  These rights of way may be improved with a road, or unimproved. It is not uncommon for a private right of way to be created for development in the future.

The Section does not maintain files for private rights of way.  

Records for all types of rights of way (public and private) can be researched at the County Recorder's office. Title Companies can also assist the public in researching these records.

Notes:  

1. The Department does not locate rights of way for the public.  In many instances, the physical road is not centered within the right of way.  The public must hire a Land Surveyor to locate the limits of the right of way as well as their property corners.
2. Before constructing a fence near a public right of way, please contact the Land Use Division at (707) 445-7205 so that staff can assist you with determining the right of way location. Fences are not allowed to be constructed in a public road right of way. There is no cost for this service.